dismissed O-1
Investment And Marketing Specialist
Software Development And Investment Firm · 2024-08-29
This case is from a USCIS Administrative Appeals Office (AAO) appeal decision. Appeal cases represent a subset of petitions and may not reflect typical outcomes.
Framework Evaluation
0 of 3 criteria metWhy This Petition Was Denied
The motion to reopen was dismissed as untimely, filed 77 days after the appeal dismissal, exceeding the 33-day limit. The Petitioner's excuse for untimeliness, lack of notice to prior counsel, was rejected because the record lacked a properly executed Form G-28, making the Petitioner self-represented for the appeal and motion. Therefore, the delay was not considered reasonable or beyond the Petitioner's control. Furthermore, the motion to reopen did not state new facts relating to the AAO's summary dismissal of the appeal, instead focusing on the Director's initial findings, which was outside the scope of the motion. The motion to reconsider was also dismissed as untimely, as there is no authority to extend its 33-day time limit.
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Frequently Asked Questions
A dismissed O-1 petition means USCIS found the evidence insufficient to meet the eligibility criteria. Common reasons include weak documentation, failure to meet the required number of criteria, or insufficient evidence of the claimed qualifications. Petitioners can refile with stronger evidence or explore alternative visa categories.
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Case data sourced from publicly available petition decisions and case studies. Decision date: 2024-08-29.
Browse all casesAt a Glance
Outcome dismissed
Criteria Met 0 / 3
O-1 Case Data
Scraped Case Data
Total Cases 83
Success Rate 68.7%
Sustained 57
Dismissed 26
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